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TERMS AND CONDITIONS
INTRODUCTION.
This merchandise catalog and these Terms and Conditions are provided to Accountholders (“You” or “Your”) by Commerce Bank, N.A. (“Commerce”) and Kansas City Royals Baseball Corporation (“Royals”) solely for the purpose of promoting the Commerce Bank Royals Rewards Program (“Program”) products, services and reward redemption offers which are only available to qualified Commerce Bank Royals credit card holders.
POINT EARNINGS/ACCUMULATION.
1. You will earn and accrue Points based on purchase activity and usage of Your Commerce Bank Royals Mastercard credit card (“Account”), according to the following point earnings scale:
- one Point for each U.S. dollar of Net Merchandise Purchases; and
- such other Points as may be authorized by Commerce and Royals from time-to-time for special programs, promotions or transactions that may be offered for limited time periods and for which additional terms and conditions may apply.
“Net Merchandise Purchases” means purchases of merchandise or services on the Account net of any returned merchandise credits or service credits posted to the Account and does not include any money orders, cash advances, balance transfers, fees for money orders, cash advances or balance transfers, revolving balances, finance charges, traveler’s checks, gaming chips or fees that protect or insure the balances of an Accountholder’s Account. Questions concerning eligible transactions and what constitutes Net Merchandise Purchases will be determined in the sole discretion of Commerce.
2. The Points You earn will be reported to You on Your regular Commerce Bank Mastercard credit card statement and will be credited to Your Account when the transaction for which Points are earned is posted to the Your Account.
3. You cannot earn Points during any period in which Your Account is not open and in Good Standing.
“Good Standing” means an Account that is not designated by Commerce as lost, stolen, credit-revoked, closed, bankrupt, charged-off, security fraud, past due or delinquent over 31 days, Consumer Credit Counseling, recovery or over-limit.
4. No Points will be retroactively applied to Your Account for otherwise qualifying transactions occurring during any period in which the Account was not in Good Standing.
5. All transactions in U.S. Dollars for which Points are awarded to You will be rounded to a whole-dollar amount for purposes of determining the number of Points to be awarded.
6. You will automatically begin earning Points upon opening Your Account. You may notify Commerce that You want to withdraw from the Commerce Bank Royals Rewards Program and no Points will be reported on Your credit card Account statements.
REDEMPTION OF POINTS.
7. Your Points will not be available for redemption until posted to Your Account regardless of the date of the transaction for which Points are earned.
8. Your Points may only be redeemed if Your account is in Good Standing at the time of any Point redemption.
9. Points earned by You may not be combined with Points earned on any other account for Merchandise redemption or any other purpose. Points are not Your property and may not be assigned or transferred to any person (including upon death or as a part of a domestic relations matter). Points have no cash value, no surrender value and no transfer value and cannot be used to offset any amount due from You to Commerce on the Account.
10. Points earned by You may only be redeemed for Merchandise described in a Merchandise Catalog (“Catalog”) in the amount of Points set forth therein required to be used to redeem the particular item of Merchandise desired by You.
11. You will be responsible for both determining and paying any federal, state or local taxes, fees or other charges, if any, that may be imposed by any governmental or regulatory authority on Merchandise obtained through the redemption of Points, whether or not such taxes, fees or other charges are imposed at the time of Point redemption or subsequently. Tax reporting, if any, will be made to the tax ID number of the primary Account owner, regardless of the person redeeming Points.
12. Points used by You for redemption will be those unredeemed points that have been on the Account the longest time.
13. You or an authorized user on the Account may redeem Points by contacting Commerce either in writing, by toll-free number, secure e-mail or through the internet as such methods may be available from time-to-time and identified as approved redemption methods by Commerce to You in the Catalog or in other communications. Points may not be redeemed in person at Commerce branch locations or at Royals locations.
POINT EXPIRATION.
14. Point expiration process will go into effect January 1, 2008. All points earned by You will accrue to and be available for redemption by You after posting to Your account until Your last statement cycle of the calendar year at which time accrued, unredeemed points on the account that were placed on the account during the fourth preceding calendar year or earlier expire and will be deducted from the accountholder’s statement of available, unredeemed points. (Example: unredeemed points that were credited to an account during the calendar year 2004 statement cycles will expire and be deducted from the account at the last scheduled statement cycle date for that account in the year 2008, whether or not a credit card statement is prepared for that month.)
GENERAL TERMS/CONDITIONS.
15. Commerce reserves the right, in its sole discretion, to suspend, cancel or modify the Commerce Bank Royals Rewards Program at any time and for any reason and without prior notice.
16. Commerce reserves the right, in its sole discretion, to add, delete, change or revise the Terms and Conditions of the Commerce Bank Royals Rewards Program including, but not limited to, qualifications for participation in the Program, Program features or procedures, the imposition or discontinuance of special promotions or offers, additions, deletions or revisions of merchandise offered in the Catalog, revisions of the amount of Points required for merchandise redemption, revisions of Point caps, limitations or expiration periods, revisions to disqualifying events or the imposition of new, revised or additional Program terms.
17. Commerce reserves the right, in its sole discretion, to disqualify any Accountholder from participation in the Commerce Bank Royals Rewards Program and to cancel or invalidate any Points in cases of actual or suspected abuse, fraud, violations of the Commerce Bank Royals Rewards Program Terms and Conditions or any actual or suspected abuse or fraud with respect to the credit card Account.
18. Neither Commerce nor Royals, their respective employees, officers, affiliates or agents will be liable to You for any action or inaction any of them take or fail to take with respect to the Commerce Bank Royals Rewards Program or any changes in the Terms and Conditions of the Program.
19. Neither Commerce, nor its employees, officers, affiliates or agents assumes any responsibility for, and will not be liable for, any act, default, non performance or wrongful, careless, negligent, or unauthorized act or omission of any Program supplier, its employees, or any third party.
20. Neither Commerce nor Royals, their respective employees, officers, affiliates or agents will be responsible for any errors or omissions, or for any bodily injury or property damage that may result from participation in the Commerce Bank Royals Rewards Program nor for any damage, loss or expense of any nature resulting from the usage of any Merchandise, gift cards/certificates, defects in any Merchandise or from any cancellation, irregularity or mishap affecting gift cards/certificates, travel or reservations made through the Program.
21. Neither Commerce nor Royals, their respective employees, officers, affiliates or agents assume any responsibility for, and will not be held liable for any loss, injury, death or damage to any person or property, as a result of an Experience Reward, or in transit to or from said Experience Reward or any cause whatsoever due to accidents, delays, cancellation due to nature, mechanical breakdown, strikes, acts of God, inconvenience, or irregularity which You may suffer by reason of an Experience Reward. Neither Commerce nor Royals, their respective employees, officers, affiliates or agents assume any responsibility for any promises or claims, written or verbal, made by anyone other than those made in the Terms and Conditions provided herein.
22. Commerce and Royals reserve the right to substitute Merchandise described in the Catalog with other comparable Merchandise of equal or greater value. Merchandise described or pictured in the Catalog may not necessarily be the exact color or have the same features due to Catalog production variations or manufacturer merchandise changes or upgrades and, in any event, all Merchandise is subject to availability.
23. You agree to notify Commerce promptly upon the receipt of Your statement of any errors relating to the addition or deletion of Commerce Bank Royals Rewards Program Points on Your Account but in no event later than thirty (30) days after the error appeared on Your statement.
24. Merchandise that is redeemed will be delivered by standard shipping methods and may not be shipped to a post office box address. Shipments to addresses outside the continental United States of America will require the payment by You of additional postage and/or handling. Please allow 4-6 weeks for delivery once Your complete and legible order is received. Addresses on orders must contain complete cardholder name, street address, apartment or suite number, city, state, correct zip code, account number and cardholder signature. If no address is provided at the time of Point redemption, the merchandise will be shipped to the address to which credit card statements are sent.
25. Merchandise is neither exchangeable nor returnable for credit. Only damaged or defective Merchandise or Merchandise shipped in error may be returned and then only if such return is made within thirty (30) days of delivery.
26. Gift cards/certificates are considered fully redeemed once issued. Gift card/certificate expiration dates may vary by independent retailers. Any gift card/certificate issued in exchange for Points must be surrendered at the time it is used, and no photocopies or other facsimiles of a gift card/certificate will be honored. Limitations and restrictions may be placed on the redemption or use of gift cards/certificates, including limitations on the use of unused portion(s) of gift cards/certificates. Gift cards/certificates are not exchangeable, refundable, transferable, or redeemable by Commerce for cash or credit and cannot be replaced if lost or stolen. No refunds or any form of cash or credit will be issued for cancellation of arrangements or failure to use gift cards/certificates. The rewards recipient is responsible for any taxes, fees, assessments or other charges, if applicable to any gift card/certificate, including any late cancellation fees or other charges. At the sole discretion of the Royals, The Home Depot, Best Buy, Bass Pro, Bed Bath & Beyond, Sharper Image, gift cards/certificates may not be used for postage, shipping or handling costs or for any sales or use taxes, if any. Gift cards/certificates are void where prohibited by law. Any unused portion of a gift card/certificate will not be returned as cash or credit by Commerce; however, any unused portion of a gift card/certificate used in Kauffman Stadium may be refunded in cash by the Royals at the sole discretion of the Royals. Use of any gift card/certificate is subject to any additional restrictions contained on or with the gift card/certificate. Please see the merchant’s gift card/certificate website and/or disclosures for additional terms and conditions, which are subject to change at merchant’s sole discretion, if permitted by law.
The listed merchants: The Home Depot, Best Buy, Bass Pro, Bed Bath & Beyond, and Sharper Image are in no way affiliated with Commerce Bank N.A. nor are the listed merchants considered sponsors or co-sponsors of this Program. The uses of merchant names and/or logos are by permission of each respective merchant and all trademarks are the property of their respective owners.
27.Stock Car Experiences: You should be prepared to sign a waiver for some Experiences before participating. Participate at Your own risk.
Experience restrictions, which are set by the vendors and clearly outlined in the Experience details, may include height or weight requirements, age requirements and cancellation penalty information.
Ride Shotgun in a Stock Car Experience: Restrictions vary according to venue, but often have minimum age requirements (usually 14 & over). The cars do not have doors, so participants must have the ability to climb through a 15" high by 30" wide window that sits 36" from the ground. As a general rule, people who are less than 6' 8" and 280 pounds can participate. However, these numbers can vary up or down according to an individual's flexibility and weight distribution. You will be kitted out with appropriate safety gear. One passenger per car. Friends and family may watch from a track-side viewing area. Should the weather be unsuitable for the safe delivery of Your Experience, it will be rescheduled. Cancellation and rescheduling policies vary, but generally are not permitted once the Experience has been booked.
Drive a Stock Car Experience: This Experience is not available on most race weekends! Restrictions vary according to venue, but You should have a valid US drivers license, be able to drive a manual transmission, wear comfortable clothes and flat lace up shoes.
One driver per car. Friends and family may watch from a track-side viewing area. Should the weather be unsuitable for the safe delivery of Your Experience, it will be rescheduled. Cancellation and rescheduling policies vary, school, but generally are not permitted once the Experience has been booked.
28. Golf America Experience: A gift certificate entitles one (1) person to one (1) complimentary round of golf and does not require additional purchase. Go to www.golfassistant.net to select a participating golf course. Call 1.877.993.6835 with Your course and certificate number and a customer service agent will reserve Your tee time. Tee times once confirmed cannot be changed, refunded or transferred. All repeat visits will cost full price, and anyone accompanying the certificate holder must pay the regular price. Some courses may require a cart and the cost of cart rental is not included. Offer valid seven (7) days a week. Certificates can be used during any season, but are subject to availability. Golf courses reserve the right to vary times and availability. Please check with the individual golf course for additional terms and conditions. The number of participating golf courses is subject to change. Each course featured reserves the right to make the final decision of admission, according to the rules and regulations established at their course. Golf at Your own risk. Certificates cannot be sold, bartered, or redeemed for cash, nor shall any rebates, refunds, or credits be issued for any unused portion of the certificate. Lost, stolen, or damaged certificates cannot be replaced. Certificates do not allow the bearer admission to tournaments, cart rentals, food, pro shop items, etc.
29. In the event You redeem Points and obtain a Merchandise Reward and thereafter any transaction on Your Account for which You previously obtained and used Points, in whole or in part, to obtain a Merchandise Reward is either refunded, credited or otherwise rescinded, Commerce may, at its discretion, cancel gift cards/certificates, reservations, interrupt the shipment of Merchandise, stop payment on any check(s), and/or withhold the subsequent awarding of Points, or collect any amount(s) You owe, in any appropriate manner, including, but not limited to, the posting of an equivalent dollar debit for the retail value of the Merchandise You obtained in the form of a cash advance transaction to Your Account.
30. Accountholders and guests receiving an invitation to attend a Celebrity Luncheon at Kauffman Stadium are responsible for making all necessary travel arrangements to and from the luncheon and to pay for all lodging, air fare, travel costs and expenses of whatever nature incurred in order to attend. Neither the Royals nor Commerce are responsible for any failure of any transportation method or lodging selected or the cost of the same. Commerce and the Royals will attempt to notify You if the Celebrity Luncheon is delayed, postponed, rescheduled or cancelled, although changes at the last minute may prevent such notification or the failure of communication methods or Your unavailability prevents notification. Neither the Royals nor Commerce will be liable to You if the Celebrity Luncheon is delayed, postponed, rescheduled or cancelled even if such event results in You incurring non-refundable travel or other expenses or if such change prevents You and Your guests from attending. Neither the Royals nor Commerce will be liable to You if the announced program for the Celebrity Luncheon is altered, revised or cancelled.
31. All trademarks, service marks and trade names used in this Catalog are with permission of the respective owners. The names “Kansas City Royals”, “Royals”, “Kauffman Stadium” and “The K” alone and in combination with the Commerce Bank Royals Rewards Program design, are property of Kansas City Royals Baseball Corporation and the names “Commerce” and “Commerce Bank” is the property of Commerce Bank, N.A. No use of these may be made without the prior written authorization of the Kansas City Royals Baseball Corporation and Commerce Bank, N.A. All other product and company names mentioned herein may be trademarks of their respective owners.
32. By accumulating and redeeming Points under the Commerce Bank Royals Reward Program, You agree to all of the Program features, limitations and restrictions contained in these Terms and Conditions as well as any additional terms and conditions contained in any programs, promotions or transactions that may be offered to You from time-to-time and any terms and conditions contained in any certificate, coupon or document issued to You under the Commerce Bank Royals Rewards Program.
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